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THE CORPORATION OF THE MUNICIPALITY OF EAST FERRIS
BY-LAW NO. 2015-29
BEING A BY-LAW TO PERMIT THE OPERATION OF
OFF-ROAD VEHICLES ON ANY HIGHWAY WITHIN THE
MUNICIPALITY THAT IS UNDER THE JURISDICTION
OF THE MUNICIPALITY
WHEREAS the Highway Traffic Act R.S.O., 1990, Section 191.8, subsection (3),
Chapter H.8, as amended, provides that the Council of a Municipality may pass by-laws
permitting the operation of off- road vehicles on any highway within the municipality
that is under the jurisdiction of the municipality, or on any part of such highway;
AND WHEREAS THE Council of the Corporation of the Municipality of East Ferris
deems it desirable to enact such a By-Law;
NOW THEREFORE the Council of the Corporation of the Municipality of East Ferris
ENACTS AS FOLLOWS:
1.0
Definitions
"all-terrain vehicle" means an off-road vehicle that,
(a) has four wheels, the tires of which are all in contact with the ground,
(b) has steering handlebars,
(c) has a seat that is designed to be straddled by the driver, and
(d) is designed to carry,
(i) a driver only and no passengers, or
(ii) a driver and only one passenger, if the vehicle,
(A) has one passenger seat that is designed to be straddled by the passenger while
sitting facing forward behind the driver, and
(B) is equipped with foot rests for the passenger that are separate from the foot rests
for the driver;
"multi-purpose off-highway utility vehicle" means an off-road vehicle that,
(a) has four or more wheels, the tires of which are all in contact with the ground,
(b) has a steering wheel for steering control,
(c) has seats that are not designed to be straddled, and
(d) has a minimum cargo capacity of 159 kilograms;
"off-road vehicle" has the same meaning as in the Off-Road Vehicle Act. O. Reg. 316/03, s.1.
"recreational off-highway vehicle" means an off-road vehicle that,
(a) has four or more wheels, the tires of which are all in contact with the ground,
(b) has a steering wheel for steering control,
(c) has seats that are not designed to be straddled, and
(d) has an engine displacement equal to or less than 1,000 cubic centimetres;
"seat belt assembly" means a device or assembly composed of a strap or straps, webbing
or similar material that restrains the movement of a person in order to prevent or mitigate
injury to the person.
-2-
By-Law 2015-29
2.0
General Provisions
2.1
That the operation of off-road vehicles, meaning, an all-terrain vehicle, a
multi- purpose off -highway utility vehicle or a recreational off-highway
vehicle shall be permitted on any highway within the Municipality of East
Ferris under the jurisdiction of the Municipality of East Ferris in
accordance with O. Reg 316/03 of the Highway Traffic Act and any
amendments thereto.
3.
Repeals
3.1
That By-Law No. 2040 is hereby repealed effective August 11th, 2015.
4.
Penalties
4.1
The penalties provided under the Highway Traffic Act shall apply to
offenses with respect to this By-Law.
5.
THAT this By-law shall come into force and take effect as of August 11th, 2015 in
accordance with the Highway Traffic Act R.S.O., 1990, Section 191.8, Subsection
(3), Chapter H.8, as amended.
READ A FIRST and SECOND time, this 11th day of August, 2015.
READ A THIRD time and FINALLY PASSED this 11th, day of August, 2015.
Mayor
Bill Vrebosch
Clerk
Monica L. Hawkins